Your instructions to us. 11.1 You may give us instructions in person, in writing, by telephone, by facsimile transmission and by email. We may, however, require that instructions given by telephone, facsimile or email are confirmed in writing. 11.2 You should be aware that communication by email is not secure. For your protection, we do not encourage the use of email for dealing and payment instructions. If you choose to give dealing and payment instructions by email you do so at your own risk. 11.3 Any instruction in writing should be sent to our address (see paragraph 1.2) or facsimile number or such other address or number as may be notified by us to you. Should we be required to communicate with you in writing we will send the communication to you at the address or facsimile number set out in the Discretionary Management Agreement or such other addresses as agreed with us. 11.4 If you notify us that a person is authorised to give instructions on your behalf, you will be responsible for all instructions received by us from that person. You must notify us in writing in order to withdraw authority for a person to act on your behalf. 11.5 The following provisions shall apply to you if you fall within the categories specified below: 11.5.1 joint account holders shall be jointly and severally liable for the account and we may act on information and instructions given by any holder to the exclusion of every other holder and may discharge our obligations to make any payment or account to all such holders by making such payment or account to any one or more of them and (unless otherwise specified in writing) on the death of any holder the account will pass to the other holder(s); 11.5.2 the trustees of any trust shall be regarded as our Client (as opposed to any beneficiary) and shall be jointly and severally liable to us even though we may (in our absolute discretion) provide information to and consult with any person who we reasonably believe is a beneficiary of any such trust; 11.5.3 in relation to corporate Clients we may rely on the instructions of any director or other Officer or person whom we reasonably believe to be authorised to give instructions on behalf of the company or other corporate vehicle: and 11.5.4 all the partners of any partnership which is our Client shall be jointly and severally liable to us and we may act on the instructions of any one partner to the exclusion of every other partner and may discharge our obligations to make any payment or account to all such partners by making such payment or accounting to any one partner. 11.6 We record all telephone calls and keep a record of all other verbal communications.
Appears in 6 contracts
Sources: Discretionary Management Agreement, Discretionary Management Agreement, Discretionary Management Agreement